If your employees work more than 40 hours a week, they should be entitled to overtime pay. Overtime is an hour and a half rate every hour per week after 40 hours. For instance, if an employee earns $15 an hour, they should be making $22.50 per hour for an hour after 40 hours per week.
But not every employee is eligible for overtime. If you're not sure which employees are and aren't eligible, make sure everyone earns at least $455 per week. Alternatively, you could classify some of your employees as 1099 or independent contractors, but you have to avoid misclassification.
Learn more in this episode of the David vs. Goliath podcast with elite personal injury lawyer Matt Dolman and his guest, Trescot Gear, Esq. They discuss overtime, avoiding unpaid wages lawsuits, dealing with discriminatory behavior, misclassification of employees, using severance agreements, and more.
In this episode:
- [00:48] Matt Dolman introduces his guest, Trescot Gear, Esq., and the topic of the day
- [01:07] What are the overtime laws?
- [05:29] The difference between a 1099 and a W2 employee and the employment law issues you should know
- [09:47] What is discriminatory behavior, and how should an employer nip it in the bud?
- [15:22] Dealing with internal disputes as a small business owner
- [18:44] Wrongful termination: what it is, what to watch out for, and how to avoid making unemployment payments
- [21:26] Everything you need to know about severance agreements
- [26:23] Adding nondisclosure and non-competes to severance agreements
💡 Meet Your Host 💡
Name Matthew A. Dolman, Esq.
Title: Partner at Dolman Law Group Accident Injury Lawyers, PA
Specialty: Matt is a nationally recognized insurance and personal injury attorney and focuses much of his practice on the litigation of catastrophic injury and wrongful death cases throughout Florida.
Connect: LinkedIn | Twitter | Instagram
💡 Featured Guest 💡
Name Trescot Gear, Esq.
Title: Managing Owner at Gear Law, LLC
Specialty: Trescot exclusively practices Labor and Employment Law, representing both employees and employers in litigation related to contracts, wage disputes, discrimination, retaliation, and other labor-intensive areas.
Connect: LinkedIn
🔑 Relevant Resources 🔑
- The duties test
- Administrative exemption
- Independent contractors
- Misclassification
- Discriminatory behavior
- Wrongful termination in Florida
- Cobra
- Non-compete
- Retaliatory conduct
The insights and views presented in “David vs. Goliath” are for general information purposes only and should not be taken as legal advice for any individual case or situation. The information presented is not a substitute for consulting with an attorney. Nor does tuning in to this podcast constitute an attorney-client relationship of any kind. Any case result information provided on any portion of this podcast should not be understood as a promise of any particular result in a future case. Dolman Law Group Accident Injury Lawyers: Big firm results, small firm personal attention.